Delay of 8 days in filing the revision petition is condoned.

          Respondent/complainant purchased a truck after raising a loan from the petitioner which was to be repaid in 35 installments.  Last installment was paid on 09.03.2007.  Despite payment of all the dues with interest, petitioner did not issue No Due Certificate and Hypothecation Termination Form.  Respondent filed the complaint before the District Forum which was contested by the petitioner raising the contention that Rs.7,248/- were still outstanding against the respondent.

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          District Forum allowed the complaint and directed the petitioner to issue No Due Certificate and HP Termination Forum within 30 days with liberty to recover the outstanding amount, if any.  Rs.10,000/- were awarded by way of compensation and Rs.1,000/- as costs.

          Petitioner being aggrieved filed the appeal before the State Commission.  State Commission partly allowed the appeal and directed the respondent to pay the sum of Rs.7,248/- to the petitioner with interest from 09.03.2007 till the date of payment.  On the payment of sum of Rs.7,248/- petitioner was directed to issue No Due Certificate and HP Termination Form.

          Petitioner being aggrieved has filed the present revision petition.

          State Commission in its order has observed as under:

            “From the bank statement which has been produced before the Learned Forum, in it is made clear that against the amount of Rs.2,97,500/- only an amount of Rs.7,248/- remained due and payable.  The complainant should have paid up the same because when any agreement in writing is in existence then the argument that orally the Bank has informed as the behavior of the complainant is good, the said amount is waived, is not maintainable.  Thereafter

reply to the request of the complainant dated 7.9.2007 was not given to the Bank because the complainant is aware as per the written Agreement an amount of Rs.7,248/- remains due and payable.  However, as per our opinion when in writing the loan is not waived and as the said issue stand as it is then the complainant should up pay the amount of Rs.7,248/- to the Bank with interest.  Thereafter the Bank should issue No Due Certificate as soon as possible and the procedure of signing in the H.P. Form should be initiated.  Looking to the above fact, it is held by us that any defence in the service of the Bank cannot be considered.  Therefore, the following order is passed….”

          We agree with the view taken by the State Commission.  Petitioner is duty bound to issue No Due Certificate and the HP Termination Form on payment of the outstanding amount from the respondent.  The State Commission by its order has directed the petitioner to issue No Due Certificate and HP Termination Form on the payment of balance amount of Rs.7248/-.  Dismissed.